May 22, 2023
Shale Law Weekly Review—Week of May 22, 2023
Air Quality: The EPA Announces Proposed Standards for Carbon Emissions from Fuel Fired Power Plants ⚡
On Thursday, May 11, 2023, the U.S. Environmental Protection Agency (EPA) announced a proposed rule which would impose new standards for carbon emissions for coal and natural gas power plants. The EPA is proposing these new standards under the Clean Air Act, providing “emission limits and guidelines for carbon dioxide (CO2) from fossil fuel-fired power plants.” The proposed standards and guidelines are aimed to enhance public health by helping to reduce particulate matter and other harmful air pollutants. The EPA will be opening public comment on the proposed standards and will also be holding virtual informational webinars and trainings. The EPA’s proposal states that there will be flexibility to power companies during this process while also ensuring that there will be long-term planning and investment in the implementation of these proposed standards.
Environmental Rights Amendment: Pennsylvania Supreme Court Rules in Favor of DEP Regulations
On Wednesday, April 19, 2023, the Pennsylvania Supreme Court ruled in favor of upholding the state’s oil and gas regulations set forth by the Department of Environmental Protection (DEP). The Marcellus Shale Coal. v. Dep’t of Envtl. Prot. of Pa., No. 69 MAP 2021, 2023. The regulations at issue require operators, when applying for an unconventional well permit, to report to DEP when the well site could impact “critical communities,” or would be “[w]ithin 200 feet of common areas on a school’s property or a playground.” The Marcellus Shale Coalition challenged these regulations, saying that the DEP went beyond its authority. In its decision, the court relied on Pennsylvania’s Environmental Rights Amendment (ERA) finding that “the Agencies have authority via their general rulemaking powers to enact this regulation.”
LNG Infrastructure: U.S. District Court of Columbia Circuits Gives Authorization for a Natural Gas Pipeline System in Alaska
On Tuesday, May 16, 2023, the United States Court of Appeals for the District Court of Columbia Circuit dismissed the petition submitted by the Center for Biological Diversity and the Sierra Club over the authorization of the Alaska Liquid Natural Gas Project. Center for Biological Diversity and the Sierra Club v. Alaska Gasline Development Corporation No. 20-1379. The court denied the petition, allowing the Alaska Gasline Development Corporation to build and operate the natural gas systems. The systems will be located in Alaska’s North Slope region and are designed to capture excess gas and export it by a pipeline. The Court held that the authorization by the Federal Energy Regulatory Commission was “lawful and reasonable.”
Environmental Impact Studies: Lawsuit Filed Against the California Geologic Energy Management Division Over Failure to Comply with California Environmental Quality Act Standards
On Thursday, May 11, 2023, the Center for Biological Diversity filed a petition against the California Geologic Energy Management Division (CalGEM) in the Superior Court of California in Alameda County. The petition claims that CalGEM consistently failed to comply with the environmental standards set forth by the California Environmental Quality Act (CEQA) along with the California Resources Code. The Center for Biological Diversity claims that CalGEM improperly permitted new drilling in both San Luis and Long Beach, CA by not allowing time for public comment or independent review from outside environmental agencies. The Center for Biological Diversity is seeking in their complaint that CalGEM invalidate the improper permits until CalGEM complies and meets the CEQA’s standards and obligations of holding a public comment period and allowing independent environmental reviews to take place.
Oil & Gas Law & Policy Resources:
George Bibikos, Oil + Gas Update | Ninth Circuit Scraps Local Ban on NatGas Hookups in Buildings. (May 12, 2023)
Elizabeth Rumley, What’s Cooking with Prop 12?: SCOTUS Decision (May 12, 2023)
Graves Dougherty Hearon & Moody, A Great Resource for New Mexico Oil and Gas Law (May 12, 2023)
Bloomberg, Fire Risk in Canada’s Oil Heartland Surges Over Hot Weekend (May, 13, 2023)
Akin Gump, Federal Circuit: Prior Art Disclosure with Same Specificity as Patent Inherently Anticipates Claims (May 16, 2023)
Akin Gump, Key Provisions of the Iowa Consumer Data Protection Act (May 16, 2023)
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FEDERAL ACTIONS—EXECUTIVE & LEGISLATIVE
U.S. DEPARTMENT OF ENERGY
U.S. Department of Energy Announces Purchases for the Strategic Petroleum Reserve (May 15, 2023)
U.S. ENVIRONMENTAL PROTECTION AGENCY
EPA and State of New Jersey Propose Settlement with Bank of America for Monmouth County, NJ Superfund Site Cleanup (May 15, 2023)
EPA to Host June Community Meeting for Hanover and Jessup Residents (May 16, 2023)
EPA and Peace Corps Sign Memorandum of Understanding to Advance Environmental Protection Around the World (May 16, 2023)
EPA Fines California Company $602,000 for Sale of Unregistered Antimicrobial Wipes that Illegally Made “Sterilizer” Claims (May 16, 2023)
EPA Announces $128 million WIFIA loan to Improve Drinking Water Reliability in Drought-prone Santa Cruz, California (May 16, 2023)
EPA Determines Detroit Metro Area Now Meets Federal Ozone Standard; Approves Michigan’s Plan to Maintain Air Quality (May 16, 2023)
FEDERAL EXECUTIVE AGENCIES (Federal Register May 13–May 19, 2023):
Energy Department
88 FR 30836: Proposed Rule, Comments Close 7/11/23: “Energy Conservation Program: Test Procedure for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps” (May 12, 2023)
88 FR 31102: Rule: “Energy Conservation Program: Test Procedure for Portable Air Conditioners” (May 15, 2023)
88 FR 30956: Notice: “Notice of Intent and Request for Information: Designation of National Interest Electric Transmission Corridors” (May 15, 2023)
88 FR 31102: Notice: “Energy Conservation Program: Test Procedure for Portable Air Conditioners (May 15, 2023)
88 FR 30966: Notice: “Boomtown Solar Energy LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization (May 15, 2023)
88 FR 30965: Notice: “Delta’s Edge Lessee, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization” (May 15, 2023)
88 FR 31263: Notice: “Records Governing Off-the-Record Communications; Public Notice” (May 16, 2023)
88 FR 31263: Notice: “LinkPast Solutions, Inc.; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications” (May 16, 2023)
88 FR 31262: Notice: “Tivis Branch Hydro, LLC; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications” (May 16, 2023)
88 FR 31261: Notice: “Seattle City Light; Notice of Application Tendered for Filing With the Commission and Establishing Procedural Schedule for Licensing and Deadline for Submission of Final Amendments” (May 16, 2023)
88 FR 31261: Notice: “Loehr, Jason C.; Notice of Filing” (May 16, 2023)
88 FR 31260: Notice: “LinkPast Solutions, Inc.; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments, Motions To Intervene, and Competing Applications” (May 16, 2023)
88 FR 31258: Notice: “Commission Information Collection Activities (FERC-725D(1)); Comment Request” (May 16, 2023)
88 FR 31256: Notice: “Notice of Staff Attendance at North American Electric Reliability Corporation Standards Committee Meeting” (May 16, 2023)
88 FR 31254: Notice: “Kaukauna Utilities; Notice of Application Accepted for Filing and Soliciting Motions To Intervene and Protests” (May 16, 2023)
88 FR 31252: Notice: “Elba Liquefaction Company, LLC; Southern LNG Company, LLC; Notice of Application for Amendment and Establishing Intervention Deadline” (May 16, 2023) 88 FR 31506: Notice: “White Pine Waterpower, LLC; Notice of Anticipated Schedule for White Pine Pumped Storage Project” (May 17, 2023)
Environmental Protection Agency
88 FR 30043: Rule: “Cyflufenamid; Pesticide Tolerance” (May 10, 2023)
88 FR 30652: Rule: “Air Plan Approval; California; Yolo-Solano Air Quality Management District (May 12, 2023)
88 FR 30917: Proposed Rule, Comments Close 6/29/23: “National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing Amendments” (May 15, 2023)
88 FR 30967: Notice: “Notice of Proposed Administrative Settlement Agreement for Recovery of Response Costs at the Omega Chemical Corporation Superfund Site in Los Angeles County, California” (May 15, 2023)
88 FR 30966: Notice: “Release of Volume 3 of the Integrated Review Plan in the Review of the Lead National Ambient Air Quality Standards” (May 15, 2023)
88 FR 31264: Notice: “Notice of Proposed Radon Credentialing Criteria; Extension of the Comment Period” (May 16, 2023)
88 FR 31476: Rule: “Spiropidion; Pesticide Tolerances; Technical Correction” (May 17, 2023)
Federal Energy Regulatory Commission
88 FR 30966: Notice: “Boomtown Solar Energy LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization” (May 15, 2023)
88 FR 31263: Notice: “Records Governing Off-the-Record Communications; Public Notice” (May 16, 2023)
88 FR 31258: Notice: Comments Close 6/15/23: “Commission Information Collection Activities (FERC-725D(1)); Comment Request” (May 16, 2023)
88 FR 31255: Notice: “Sunshine Act Meetings” (May 16, 2023)
88 FR 31504: Notice: “Village of Enosburg Falls, Vermont; Notice of Authorization for Continued Project Operation” (May 17, 2023)
88 FR 31502: Notice: “Commission Information Collection Activities (FERC-725S); Comment Request; Extension” (May 17, 2023)
88 FR 31501: Notice: “Kaukauna Utilities; Notice Soliciting Scoping Comments” (May 17, 2023)
Justice Department
88 FR 31314: Rule: “Circumvention of Lawful Pathways” (May 16, 2023)
88 FR 31525: Notice: “Notice of Lodging of Proposed Consent Decree Under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)” (May 17, 2023)
Susquehanna River Basin Commission
88 FR 31299: Notice: “Projects Approved for Consumptive Uses of Water” (May 16, 2023)
88 FR 31299: Notice: “Grandfathering (GF) Registration Notice” (May 16, 2023)
Pipeline and Hazardous Materials Safety Administration
88 FR 31890: Proposed Rule, Comments Close 5/18/23: “Pipeline Safety: Gas Pipeline Leak Detection and Repair” (May 18, 2023)
Treasury
88 FR 31098: Notice: “Open Meeting of the Federal Advisory Committee on Insurance” (May 15, 2023)
88 FR 31304: Notice: “Proposed Collection; Comment Request Relating to Probable or Prospective Reserves Safe Harbor” (May 16, 2023)
88 FR 31475: Notice: “Publication of Global Magnitsky Sanctions Regulations Web General License 7” (May 17, 2023)
Bureau of Land Management
88 FR 31001: Notice: “Notice of Proposed Withdrawal and Public Meeting, Utah” (May 15, 2023)
88 FR 31272: Notice: “Agency Information Collection Activities; Submission to the Office of”(May 16, 2023)
88 FR 31518: Notice: “Colorado’s Rocky Mountain Resource Advisory Council To Meet in June (May 17, 2023)
Foreign Agriculture Service
88 FR 30943: Notice: Comments Close 7/14/23: “Notice of Request for a Revision of a Currently Approved Information Collection” (May 15, 2023)
U.S. HOUSE ENERGY AND COMMERCE COMMITTEE
H.R.2285: “To provide for a limitation on availability of funds for US Department of Agriculture, Rural Utilities Service, Distance Learning, Telemedicine, and Broadband Program for fiscal year 2024.” Referred to the Subcommittee on Commodity Markets, Digital Assets, and Rural Development. (May 15, 2023)
H.R.3296: “To provide that construction, rebuilding, or hardening of communications facilities following a major disaster or an emergency related to a wildfire is not subject to requirements to prepare certain environmental or historical preservation reviews.” Referred to the Committee on Energy and Commerce. (May 15, 2023)
H.R.3327: “To require the Secretary of Energy to receive approval from the Secretary of Housing and Urban Development with respect to manufactured housing energy efficiency standards issued by the Secretary of Energy, and for other purposes.” Referred to the Committee on Energy and Commerce. (May 15, 2023)
H.R.3337: “To amend the Clean Air Act to eliminate the renewable fuel standard advanced biofuel corn starch prohibition, and for other purposes.” Referred to the House Committee on Energy and Commerce. (May 15, 2023)
H.R.3369: “To direct the Assistant Secretary of Commerce for Communications and Information to conduct a study and hold public meetings with respect to artificial intelligence systems, and for other purposes.” Referred to the House Committee on Energy and Commerce. (May 15, 2023)
H.R.3385: “To direct the Assistant Secretary of Commerce for Communications and Information to submit to Congress a report containing an assessment of the value, cost, and feasibility of developing a trans-Atlantic submarine fiber optic cable connecting the contiguous United States, the United States Virgin Islands, Ghana, and Nigeria, and for other purposes.” Referred to the House Committee on Energy and Commerce. (May 16, 2023)
U.S. SENATE ENERGY AND NATURAL RESOURCES COMMITTEE
S.1622: “A bill to discourage speculative oil and gas leasing and to promote enhanced multiple use management of public land and National Forest System land, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (May 16, 2023)
S.1630: “A bill to modify the procedures for issuing special recreation permits for certain public land units, and for other purposes.” Read twice and referred to the Committee on Energy and Natural Resources. (May 16, 2023)
STATE ACTIONS—EXECUTIVE & LEGISLATIVE
PENNSYLVANIA DEPT. OF ENVIRONMENTAL PROTECTION PRESS RELEASES
Shapiro Administration to Hold Small Business Resource Fair in Darlington Township on May 17 (May 15, 2023)
ADVISORY: TOMORROW – LANDENBERG – Governor’s Invasive Species Council to Celebrate Pennsylvania Native Species at North Creek Nurseries (May 17, 2023)
PENNSYLVANIA EXECUTIVE AGENCIES (Pa. Bulletin Vol. 53, No. 19 May 13, 2023)
53 Pa.B. 2594: Notices: “The Pennsylvania Clean Streams Law and The Federal Clean Water Act”
Environmental Quality Board
Governor’s Invasive Species Council Celebrates Pennsylvania Native Species at North Creek Nurseries (May 18, 2023)
Written by:
Mary Johnson, Research Assistant
Lonzie Helms, Research Assistant
Jackie Schweichler, Staff Attorney
